Got this email (!) from an immigration attorney friend that basically says green card applicants need to leave the country in order to file.
From: U.S. Citizenship and Immigration Services uscis@messages.dhs.gov Sent: Friday, May 22, 2026 6:59 AM Subject: U.S. Citizenship and Immigration Services Will Grant ‘Adjustment of Status’ Only in Extraordinary Circumstances
WASHINGTON—U.S. Citizenship and Immigration Services today announced a new policy memo reiterating the fact that, consistent with long-standing immigration law and immigration court decisions, aliens seeking adjustment of status must do so through consular processing via the Department of State outside of the country. Officers are directed to consider all relevant factors and information on a case-by-case basis when determining whether an alien warrants this extraordinary form of relief.
“We’re returning to the original intent of the law to ensure aliens navigate our nation’s immigration system properly. From now on, an alien who is in the U.S. temporarily and wants a Green Card must return to their home country to apply, except in extraordinary circumstances. This policy allows our immigration system to function as the law intended instead of incentivizing loopholes. When aliens apply from their home country, it reduces the need to find and remove those who decide to slip into the shadows and remain in the U.S. illegally after being denied residency,” said USCIS Spokesman Zach Kahler.
“Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process. Following the law allows the majority of these cases to be handled by the State Department at U.S. consular offices abroad and frees up limited USCIS resources to focus on processing other cases that fall under its purview, including visas for victims of violent crime and human trafficking, naturalization applications, and other priorities. The law was written this way for a reason, and despite the fact that it has been ignored for years, following it will help make our system fairer and more efficient.”
That’s really unfair, sorry this is happening to you.
> Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.
Do they consider H1B workers to be “temporary” for this purpose? It seems broken and cruel to force them to go back to apply when they’re here legally and could easily just apply here (assuming their visa is still valid).
Yes, it looks like H1B workers will have to do this as well. It sounds like it applies to "dreamers" as well even if they have never visited their "home" country before.
That’s crazy. If someone is already living and working here, and is legally here (like on a work visa), why shouldn’t they be allowed to apply here? Why require them to lose time and money by traveling somewhere else?
It is to disincentive those on a temporary visa to apply for permanent residency, without eliminating the visa path entirely. What your mental model is optimizing for (easy, efficient) is different than what they are optimizing for (hard, inefficient).
> The policy change could impact hundreds of thousands of people a year and potentially reduce legal immigration further amid a sweeping government crackdown, according to immigration-law experts. President Donald Trump’s administration has introduced a series of restrictions affecting everyone from asylum seekers to students and highly skilled workers.
> The new rules generally apply to any foreigner who came to the US on a temporary non-immigrant visa, including students, employees on H-1B or L visas and visitors. The US awards about 1 million green cards a year, though roughly half of those are for foreign relatives being sponsored by an American citizen. Those applications are generally already processed outside of the US.
(POSIWID [The Purpose of a System Is What It Does])
Got this email (!) from an immigration attorney friend that basically says green card applicants need to leave the country in order to file.
That’s really unfair, sorry this is happening to you.
> Nonimmigrants, like students, temporary workers, or people on tourist visas, come to the U.S. for a short time and for a specific purpose. Our system is designed for them to leave when their visit is over. Their visit should not function as the first step in the Green Card process.
Do they consider H1B workers to be “temporary” for this purpose? It seems broken and cruel to force them to go back to apply when they’re here legally and could easily just apply here (assuming their visa is still valid).
Yes, it looks like H1B workers will have to do this as well. It sounds like it applies to "dreamers" as well even if they have never visited their "home" country before.
That’s crazy. If someone is already living and working here, and is legally here (like on a work visa), why shouldn’t they be allowed to apply here? Why require them to lose time and money by traveling somewhere else?
It is to disincentive those on a temporary visa to apply for permanent residency, without eliminating the visa path entirely. What your mental model is optimizing for (easy, efficient) is different than what they are optimizing for (hard, inefficient).
https://www.bloomberg.com/news/articles/2026-05-22/trump-to-...
> The policy change could impact hundreds of thousands of people a year and potentially reduce legal immigration further amid a sweeping government crackdown, according to immigration-law experts. President Donald Trump’s administration has introduced a series of restrictions affecting everyone from asylum seekers to students and highly skilled workers.
> The new rules generally apply to any foreigner who came to the US on a temporary non-immigrant visa, including students, employees on H-1B or L visas and visitors. The US awards about 1 million green cards a year, though roughly half of those are for foreign relatives being sponsored by an American citizen. Those applications are generally already processed outside of the US.
(POSIWID [The Purpose of a System Is What It Does])
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TBH I think that is fair.